Limits & Logistics
Document Limits
Courtesy Copies
Case Dispositive Motions
- As Soon as Practicable After Filing
Motion, Objection
- 1 copy • At Least One Week Before Hearing
Motion, Response, Reply
- Promptly Upon Filing
Communication
Page & Word Limits1 rule
Reply briefs are permitted, but must be no longer than 10 pages, exclusive of attachments/exhibits.
- Reply brief
- Up to 10 pages
Excluded from page count
- •Attachments
- •Exhibits
Document Format Requirements6 rules
All motions for summary disposition MUST be set forth in separately numbered paragraphs, limited as far as practicable to a single assertion.
MCR 2.119(A)(2) is also strictly enforced as written as to form and typography.
Formatting
- •Form and typography must comply with MCR 2.119(A)(2), which is strictly enforced
All motions MUST be set forth in separately numbered paragraphs, limited as far as practicable to a single assertion. See MCR 2.113(B).
All responses SHALL likewise be set forth in separately numbered paragraphs, fully and fairly responding to each corresponding paragraph of the motion. Responsive briefs are likewise required in accordance with MCR 2.119(A)(2).
This TIME STAMPED judge's copy must be clearly marked JUDGE'S COPY on the cover sheet.
All responses to motions for summary disposition SHALL likewise be set forth in separately numbered paragraphs, fully and fairly responding to each corresponding paragraph of the motion.
Document Filing Requirements20 rules
Motions must state the substance of their arguments in numbered paragraphs; briefs are required and should elaborate on those arguments.
Court's wording
The substance of all arguments MUST be set forth through these separately numbered paragraphs, within the motion itself. Briefs are required in accordance with MCR 2.119(A)(2), and should elaborate/expand on the substantive argument(s) already set forth in the motion.
The jury must receive complete preliminary instructions on the elements of all civil claims, including legal-term definitions, presumptions, and burdens of proof.
Court's wording
Particular attention MUST be given to preliminary instruction M Civ JI 2.02, which requires the jury be given full and complete preliminary instruction regarding the elements of all civil claims (including definitions of legal terms), legal presumptions, and burdens of proof.
If approved, a re-notice of hearing must be filed.
A motion is required for alternate service or a second summons and generally must include documentation, typically an affidavit, showing how and why at least three traditional service attempts failed.
Court's wording
Judge Kevin J. Cox requires motion(s) be filed for alternate service (and)/or a second summons. Although no hearing is required, Judge Cox generally requires the motion include documentation (typically an affidavit) showing how and why at least three ('3') attempts at traditional service have failed, before alternate service and/or a second summons will be allowed.
The moving party must determine whether the motion will be opposed, and the motion must state the date concurrence was requested and that concurrence was denied or not acquiesced in.
Court's wording
The moving party must ascertain whether a contemplated motion will be opposed. The motion must affirmatively state that the concurrence of counsel in the relief sought has been requested on a specified date, and that concurrence has been denied or has not been acquiesced in, and hence, that it is necessary to present the motion.
After filing the motion and supporting materials, the moving party must submit a proposed order under the stated code with the motion and all supporting materials attached as one document, not as connected filings.
Court's wording
After such motion is filed with supporting materials attached, the moving party must subsequently submit a proposed order(s) under the Mi-filing code: 'ORDER/JUDGMENT ACCEPTED-WAITING FOR JUDGE'S SIGNATURE.' HOWEVER, THE PROPOSED ORDER FOR SIGNATURE MUST HAVE THE MOTION AND ALL SUPPORTING MATERIALS ATTACHED TO THE PROPOSED ORDER AND THUS SUBMITTED AS A SINGLE DOCUMENT. DO NOT USE 'CONNECTED FILING(S)'.
Requests for adjournment by a non-moving party must be by motion.
All notices must contain Zoom connection information: Zoom available thru "Virtual Hearing" for Judge Kevin J. Cox here: http://3rdcc.org/courtroom-zoom-info
Yes, and Plaintiff(s) are typically responsible for timely entry of the Joint Final Pre-Trial Order, unless stated otherwise in the court's Trial Order.
If the facilitator makes any recommendation(s), that such recommendation(s) must be responded to in writing to the facilitator prior to the settlement conference date set forth below;
Separate orders/filings are required for alternate service and second summons.
As set forth in the court's Trial Order, and shall be submitted with the Mi-filing code of: 'Final Pre-Trial Order, Signed and Filed.'
After a motion or objection is filed, the proposed hearing date must be accepted by the Court by submitting a praecipe thru the 3rd Circuit's website at: https://www.3rdcc.org/efiling/epraecipe
A praecipe will not be accepted until a TIME STAMPED Judge's Copy is received.
MOTIONS AND RESPONSES SHALL CITE TO EXHIBITS/RECORD WITH PARTICULARITY. SPECIFIC PAGES AND/OR LINE NUMBERS SHALL THUS BE IDENTIFIED AND SET FORTH IN THE MOTION/RESPONSE.
Summary-disposition motions must fully state their arguments in their numbered paragraphs; threadbare motions that merely refer to a brief may be rejected or denied.
Court's wording
The substance of all arguments must be fully set forth through such paragraphs. Threadbare motions merely pointing to reliance on "the reasons more fully set forth in the brief" (or the like) do not comply with Michigan's Court Rules and will be REJECTED/DENIED. See MCR 2.113(B); see also MCR 2.116(G)(1),(4).
The proposed stipulated order must include the nine specified provisions, including facilitation details, report and award procedures, attendance, dispositive-motion timing, costs, and possible sanctions.
Court's wording
Yes; however, Judge Kevin J. Cox requires that all proposed stipulated orders removing a case from Case Evaluation in favor of private facilitation should be submitted at least twenty-one ('21') days before a currently scheduled Case Evaluation, and must also explicitly state each of the following, and as numbered (1-9) below: Name of the mediator/facilitator, date of mediation/facilitation, and that it may not be adjourned without order of Court; and Facilitator shall file Mediation Status Report (SCAO form MC280) within seven (7) days of completing facilitation (date must be specified) and Plaintiff(s) are responsible for ensuring such report is electronically filed and served; and Whether facilitator will act as a one-person evaluation panel and place an award on the case in the event the case does not resolve at facilitation; and If the mediator will be issuing an award, it must be issued within fourteen (14) days of mediation (date must be specified), and the date of acceptance/rejection period is twenty-eight (28) days from date of award via email to the facilitator/evaluator (again, date must be specified - THIS LANGUAGE IS NOT NECESSARY IF FACILITATOR IS NOT ISSUING AN AWARD); and If the facilitator makes any recommendation(s), that such recommendation(s) must be responded to in writing to the facilitator prior to the settlement conference date set forth below; and The order must include a blank line for the Court to fill in a new settlement conference date, and must state that all counsel and all clients and representatives with full settlement authority are required to attend the settlement conference in person at 09:45 AM; and All dispositive motions shall be filed with the Court no later than 30 days following the close of discovery (date of discovery cut-off must be specified) or shall be deemed waived; and All parties are responsible for any costs associated with adjourning or removing the case from Case Evaluation; and Failure to comply with the terms of this order may result in sanctions, potentially including: claim/defense preclusion, costs, attorney fees, dismissal and/or default.
It is strongly encouraged that SCAO form mc 304 be submitted as an "ORDER/JUDGMENT ACCEPTED-WAITING FOR JUDGE'S SIGNATURE", following submission of form mc 303 as a motion.
It is strongly encouraged that SCAO form mc 01b be used for all requests for a second summons; it should available here:
It is strongly encouraged that SCAO form mc 303 be used for all requests for alternate service; it should be available here:
Filing & Service rules
Electronic Filing Rules
File the summary-disposition motion through Mi-file with a notice of hearing stating that the date and time will be determined by the court.
Mi-file motion with notice of hearing as a date and time to be determined by the Court.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Yes, the moving party must submit an electronic praecipe through the Third Circuit Court's website requesting a hearing at the date and time set forth in the court's summary disposition scheduling order. Do NOT submit a praecipe until the court has issued such scheduling order.
Yes, the moving party must submit an electronic praecipe through the Third Circuit Court's website requesting a hearing at the date and time set forth in the court's summary disposition scheduling order. Do NOT submit a praecipe until the court has issued such scheduling order.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Do not submit a praecipe before the summary-disposition scheduling order issues.
Do NOT submit a praecipe until the court has issued such scheduling order.
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Filing Timing and Cure Windows
If the mediator will issue an award, it must be issued within 14 days of mediation, and the acceptance or rejection period is 28 days from the award date via email; the dates must be specified.
If the mediator will be issuing an award, it must be issued within fourteen (14) days of mediation (date must be specified), and the date of acceptance/rejection period is twenty-eight (28) days from date of award via email to the facilitator/evaluator (again, date must be specified - THIS LANGUAGE IS NOT NECESSARY IF FACILITATOR IS NOT ISSUING AN AWARD);
Page 1 | Removing a case from Case Evaluation in favor of Private Facilitation
Proposed stipulated orders removing a case from Case Evaluation for private facilitation should be submitted at least 21 days before the scheduled Case Evaluation.
Yes; however, Judge Kevin J. Cox requires that all proposed stipulated orders removing a case from Case Evaluation in favor of private facilitation should be submitted at least twenty-one ('21') days before a currently scheduled Case Evaluation, and must also explicitly state each of the following, and as numbered (1-9) below:
Page 1 | Removing a case from Case Evaluation in favor of Private Facilitation
The timing requirements in MCR 2.116(G) and MCR 2.119(C) are strictly enforced.
The timing requirements set forth in both MCR 2.116(G) and MCR 2.119(C) are strictly enforced.
Page 1 | MOTION PRACTICE - GENERALLY
The facilitator must file the MC280 report within seven days after facilitation, and plaintiffs must ensure it is electronically filed and served.
Facilitator shall file Mediation Status Report (SCAO form MC280) within seven (7) days of completing facilitation (date must be specified) and Plaintiff(s) are responsible for ensuring such report is electronically filed and served;
Page 1 | Removing a case from Case Evaluation in favor of Private Facilitation
Effective March 4, 2025, summary-disposition motions must be filed within 30 days after discovery closes.
Yes; effective March 04, 2025, all motions for summary disposition shall be filed within thirty ('30') days of the close of discovery. See MCR 2.401(B)(2)(a)(ii).
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
The MCR 2.116(G) timing requirements are strictly enforced, and an untimely opposition may result in the motion being treated as unopposed.
The timing requirements set forth in MCR 2.116(G) are strictly enforced. Failure to file a timely response in opposition may result in the motion being treated as unopposed.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Dispositive motions must be filed no later than 30 days after discovery closes or they are deemed waived; the discovery cutoff date must be specified.
All dispositive motions shall be filed with the Court no later than 30 days following the close of discovery (date of discovery cut-off must be specified) or shall be deemed waived;
Page 1 | Removing a case from Case Evaluation in favor of Private Facilitation
Replies must be filed and served at least three days before the hearing.
Replies must be filed and served at least 3 days prior to a hearing.
Page 1 | MOTION PRACTICE - GENERALLY
Do not wait until the end of the applicable expiration period to seek alternate service or a second summons.
DO NOT WAIT UNTIL THE VERY END OF EXPIRATION TO SEEK ALTERNATE SERVICE/A SECOND SUMMONS.
Page 1 | Alternate Service and/or Second Summons - POLICY & PROCEDURE
The court may treat a motion as unopposed if a written response is not timely filed.
If a written response to a motion is not timely filed as provided, the Court may treat the motion as unopposed.
Page 1 | MOTION PRACTICE - GENERALLY
Service and Proof of Service Rules
Facilitator shall file Mediation Status Report (SCAO form MC280) within seven (7) days of completing facilitation (date must be specified) and Plaintiff(s) are responsible for ensuring such report is electronically filed and served;
Facilitator shall file Mediation Status Report (SCAO form MC280) within seven (7) days of completing facilitation (date must be specified) and Plaintiff(s) are responsible for ensuring such report is electronically filed and served;
Page 1 | Removing a case from Case Evaluation in favor of Private Facilitation
Replies must be served at least three days before the hearing.
Replies must be filed and served at least 3 days prior to a hearing.
Page 1 | MOTION PRACTICE - GENERALLY
Courtesy Copy Requirements
YES. A hard/print TIME STAMPED copy of all motions and responses (including brief and any affidavits) must be provided to the courtroom after filling, as soon as practicable. This TIME STAMPED judge's copy must be clearly marked JUDGE'S COPY on the cover sheet. MCR 2.116(G)(1)(c).
YES. A hard/print TIME STAMPED copy of all motions and responses (including brief and any affidavits) must be provided to the courtroom after filling, as soon as practicable. This TIME STAMPED judge's copy must be clearly marked JUDGE'S COPY on the cover sheet. MCR 2.116(G)(1)(c).
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
A complete, time-stamped hard/print judge’s copy of motions, responses, and permitted replies must be promptly sent or delivered to the courtroom upon filing.
A full and complete TIME STAMPED Judge’s Copy (hard/print) of all motions (including reconsideration), responses, and permitted replies, MUST be promptly sent/delivered to the courtroom upon filing. MCR 2.119(A)(2).
Page 1 | MOTION PRACTICE - GENERALLY
Send or deliver a hard, time-stamped judge’s copy to the courtroom at least one week before the requested hearing date.
Send/deliver a hard (print) TIME STAMPED Judge's Copy to the Courtroom at least one week prior to the requested hearing date.
Page 1 | MOTION PRACTICE - GENERALLY
No. Judge Cox's court follows MCR 2.116(G)(1)(c).
No. Judge Cox's court follows MCR 2.116(G)(1)(c).
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Do not mail or deliver documents to the court under this general instruction.
PLEASE DO NOT MAIL/DELIVER ANY DOCUMENTS.
Page 1 | HONORABLE KEVIN J. COX
No judge’s copy is required or desired under this general instruction.
*Absolutely no judge's copy of any kind is required (or desired); the court follows MCR 2.116(G)(1)(c) and MCR 2.119(A)(2)(d).
Page 1 | HONORABLE KEVIN J. COX
Filing Bundling Requirements
The motion, supporting materials, and proposed order must be submitted together as a single document rather than as connected filings.
After such motion is filed with supporting materials attached, the moving party must subsequently submit a proposed order(s) under the Mi-filing code: 'ORDER/JUDGMENT ACCEPTED-WAITING FOR JUDGE'S SIGNATURE.' HOWEVER, THE PROPOSED ORDER FOR SIGNATURE MUST HAVE THE MOTION AND ALL SUPPORTING MATERIALS ATTACHED TO THE PROPOSED ORDER AND THUS SUBMITTED AS A SINGLE DOCUMENT. DO NOT USE 'CONNECTED FILING(S)'.
Page 1 | Alternate Service and/or Second Summons - POLICY & PROCEDURE
Pre-Motion Conference Requirements
The court strongly encourages cordial communication between counsel and parties before requesting a summary-disposition hearing.
Note: the court greatly encourages cordiality and communication between counsel/parties before a hearing on a motion for summary disposition is requested.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Adjournment & Extension Requirements
An adjournment of Case Evaluation beyond Track #2 requires a filed motion and a scheduled motion hearing.
A MOTION MUST BE FILED AND A MOTION HEARING SCHEDULED FOR ANY ADJOURNMENT REQUEST OF CASE EVALUATION BEYOND TRACK #2.
Page 1 | Pretrial Stipulations and Requirements
Substitution of counsel is not a suitable ground for adjournment or delay unless circumstances are extremely exceptional and unforeseeable.
NOTE: Substitution of counsel is not a suitable ground for adjournment or delay, absent extremely exceptional/unforeseeable circumstances.
Page 1 | Pretrial Stipulations and Requirements
The parties may stipulate to adjourn scheduling-order dates to Track #2.
JUDGE COX CURRENTLY ALLOWS STIPULATIONS TO ADJOURN SCHEDULING ORDER DATES TO TRACK #2.
Page 1 | Pretrial Stipulations and Requirements
Adjournments of scheduled summary-disposition hearings are strongly discouraged, especially in the hearing week; the moving party may email the judicial attorney for approval, while a nonmoving party must request an adjournment by motion, and an approved later date requires a re-notice.
Requests for adjournment of scheduled summary disposition hearings are STRONGLY DISCOURAGED, particularly when requested within the same week set for hearing (as the Court has thus already expended considerable time and effort reviewing the filings). Nonetheless, the moving party may email the court's Judicial Attorney to seek approval of a later hearing date. If approved, a re-notice of hearing must be filed. Requests for adjournment by a non-moving party must be by motion.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
The parties may stipulate to extend discovery until the Case Evaluation date, regardless of track.
The parties may also always stipulate to extend discovery to the date of Case Evaluation, regardless of track.
Page 1 | Pretrial Stipulations and Requirements
Chambers Communication Rules
After the motion is accepted for filing, email the judicial attorney at the stated address to request a hearing; do not email before acceptance.
After filing, email the court's Judicial Attorney at brian.hodgman@3rdcc.org to request a hearing. Do NOT email the Judicial Attorney until the motion has been accepted for filing by the Mi-filing system.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Summary-disposition motions may be withdrawn, but moving counsel must immediately contact the judicial attorney once it is apparent the hearing will not proceed; late withdrawals are strongly discouraged.
Withdrawals of motions for summary disposition are thus permitted, however counsel for the moving party SHALL immediately contact the court's Judicial Attorney once it is apparent a hearing will not proceed. Late withdrawals of motions for summary disposition are extremely discouraged, as they needlessly consume already limited judicial resources.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
The moving party may email the judicial attorney to seek approval of a later summary-disposition hearing date.
Nonetheless, the moving party may email the court's Judicial Attorney to seek approval of a later hearing date.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Telephone conferences are allowed only if specially arranged and approved in advance by the court.
Do you allow telephone conferences? Yes, but only if specially arranged and approved in advance by the court.
Page 1 | HONORABLE KEVIN J. COX
Moving counsel who does not appear for a summary-disposition motion without contacting the judicial attorney may face monetary sanctions.
Non-appearance on a motion for summary disposition without contacting the court's Judicial Attorney may subject the moving party's counsel to monetary sanctions. See MCR 2.119(E)(4)(b).
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
NO; JUDGE COX'S COURTROOM CLERK WILL ADD THE HEARING(S) TO THE DOCKET AS ORDERED.
NO; JUDGE COX'S COURTROOM CLERK WILL ADD THE HEARING(S) TO THE DOCKET AS ORDERED.
Page 1 | MOTIONS FOR SUMMARY DISPOSITION - POLICY & PROCEDURE
Special requests for a pre-case-evaluation settlement conference may be made by emailing the judicial attorney with mutually agreeable proposed dates.
The court will entertain special requests for a pre-case evaluation settlement conference via Zoom video, by emailing the court's judicial attorney with mutually agreeable proposed dates.
Page 1 | Status and Pre-Trial Settlement Conferences